Many visa holders visiting Australia from China will find a "8503-no further stay" clause on their visitor visa (Visitor Visa). This means that the visitor visa holder will not be allowed to apply for any substantive visa other than the protection visa (Protection Visa) during his stay in Australia. The visitor visa holder must leave Australia before making other visa applications.
Clause 8503 is placed at will by visa officers issuing temporary visas, such as visitor visas, student visas and so on, when the visa holder holds a visa containing this provision to stay in Australia. Will remain in force (even if the original visa has expired) until the holder of this clause has obtained another substantive visa in Australia other than a bridge visa or the clause is successfully exempted from (Waiver).
According to my understanding, basically from China to Australia, holding more than half a year of visitors visas, and the possibility of domestic transfer of travel, family visits, visitors, their visas are attached to the 8503 clause. However, Section 8503 will not be placed when a visa applicant is required to visit Australia because of a serious illness or pregnancy due to a family member. This is because once placed, the family member may be in critical condition or the child will be born upon arrival in Australia of the visa holder. They are unable to extend or apply for other visas, which is inhumane, so the Visa Officer does not normally place this clause in this case.
So can clause 8503 apply for exemption? The answer is yes. But for visitor visa holders, generally more difficult. In general, the following conditions are required for exemption:
What is said above is only the express provisions of the law, but in real life, it is often unexpected that the applicant will succeed in "bypassing" the law to achieve its objectives:
Case 1: the author has an applicant whose wife is about to give birth. He has to travel overseas because of the nature of his work, and only the mother with a visitor visa can provide care. However, the mother's visitor visa will expire before the wife's due date of birth. Although "pregnancy" is generally not a "compelling and compassionate reason for immunity", the situation in their home is "beyond their control" and has been successfully exempted from 8503. Case 2: the author has an applicant, the son-in-law died in a car accident before coming to Australia, a visitor visa came to Australia to visit and appease her daughter, and the visitor visa expired to apply for a 8503 exemption. Although the death of his son-in-law in a car accident had happened before he came to Australia, her daughter was depressed as a result of the death of his husband. For this reason, she successfully exempted 8503. There are many examples, the author is not one and enough.
Finally, the application for exemption 8503 is not required to pay the application fee, nor do you need to fill in any form, just explain the reasons for the application and produce the evidence of the application. If an application for exemption of 8503 is denied, you cannot appeal to the Immigration Appeals Tribunal (MRT). In addition, an application for a 8503 exemption should be made as soon as your visa expires, although you are still in the country waiting for the decision to apply for exemption 8503, but unless you have a bridge visa, you have already unlawfully resided. In general, it is not possible to obtain a bridge visa. Since 8503 is only a clause on your visa, not an independent visa, applying for an exemption from this clause is different from waiting for a visa decision, so you must apply for a 8503 exemption as early as possible before the visa expires.
